Alternative methods of holding officials accountable. The concept and definition of an official in legislation

A scheduled fire inspection was carried out in our organization, a number of violations were identified, and the director was fined as an official. Based on the identified violations, an extraordinary inspection was carried out, and, according to the inspector, two of them were not eliminated. Despite the fact that in the first case the inspector indicated that failure to comply with the submission entails administrative liability under Art. 19.6 of the Code of Administrative Offenses of the Russian Federation, after a re-inspection, the case was sent to court for prosecution administrative responsibility already an organization, and not an official under Art. 19.5 Code of Administrative Offenses of the Russian Federation. Are such actions legal, can we appeal them?

Failure to comply with an order issued against an official of an organization does not exclude the possibility of bringing to administrative liability under Part 1 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation of the organization itself in which this official carries out labor functions. In addition, an indication in an order or protocol of certain consequences in case of failure to comply with such an order does not deprive the official supervisory authority if signs of another offense are detected, bring to justice guilty person differently article of the Code of Administrative Offenses RF.

A legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and norms for violation of which the Code of Administrative Offenses of the Russian Federation or the laws of a constituent entity of the Russian Federation provides for administrative liability, but this person did not take all measures depending on it compliance (part 2 of article 2.1 of the Code of Administrative Offenses of the Russian Federation).

Administrative legislation provides for the possibility of bringing to administrative responsibility for the same administrative offense both an organization and an official of this organization guilty of committing an offense.

Purpose administrative punishment a legal entity is not relieved from administrative liability for this offense by the perpetrator individual, and vice versa (part 3 of article 2.1 of the Code of Administrative Offenses of the Russian Federation).

As indicated Supreme Court RF, in the event of a legal entity committing an administrative offense and identifying specific officials, through whose fault it was committed, it is allowed to bring to administrative liability under the same norm both a legal entity and the specified officials (clause 15 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2005 No. 5 “On some issues arising in the courts when applying the Code Russian Federation on administrative offenses").

When determining the degree of responsibility of an official for committing an administrative offense that was the result of implementing a decision of a collegial body of a legal entity, it is necessary to find out whether the official took measures to draw the attention of the collegial body or administration to the impossibility of executing this decision due to the fact that this may lead to the commission of an administrative offense.

Since the Code of Administrative Offenses of the Russian Federation does not provide in this case any restrictions when imposing an administrative penalty, the judge has the right to apply to a legal entity or official any measure of punishment within the sanction of the relevant article, including the maximum, taking into account mitigating, aggravating and other circumstances, affecting the degree of responsibility of each of these persons.

Thus, the Code of Administrative Offenses of the Russian Federation provides for the possibility of both choosing a person brought to administrative responsibility (an organization or its official), and simultaneously attracting a legal entity and an official performing labor functions in it.

At the same time, the possibility of simultaneously bringing a legal entity and its official to administrative liability for the same offense also occurs in the case where the offense was expressed in failure to comply with an individual legal act (instruction, decision, etc.) addressed to both the legal entity and and his official. In particular, failure to comply with an order issued against an official of an organization does not exclude the possibility of bringing to administrative liability under Part 1 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation of the organization itself, in which this official carries out labor functions, since by force of law such a prescription generates for the organization legal consequences and imposes certain obligations on it, and the very sanction of this norm provides for the responsibility of both the official and the legal one. The same procedure applies in the case where an order to eliminate violations is issued against a legal entity.

Based on the foregoing, in our opinion, there are no grounds for challenging the administrative punishment due to the prosecution of both the official of the organization and the legal entity itself.

It should also be taken into account that Art. 19.5 of the Code of Administrative Offenses of the Russian Federation “Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control), municipal control” and Art. 19.6 of the Code of Administrative Offenses of the Russian Federation “Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense” have different elements of an administrative offense. An indication in an order or protocol of certain consequences in case of failure to comply with such an order does not deprive the official of the supervisory body, in the event of detection of signs of a different offense, of the right to prosecute under another article of the Code of Administrative Offenses of the Russian Federation.

Shows that:

1) they are subject to use only insofar as administrative offense committed by an official. At the same time, we must not forget:

a) that an official is an individual. In this regard, the following rules apply to the administrative liability of these persons:

2) an official is subject to administrative liability when the offense committed by him is related to:

a) with failure to fulfill their official duties. The latter are most often provided for in federal laws(for example, in the Law on Civil Service, Law on municipal service), laws of the constituent entities of the Russian Federation (for example, in the Charter of Moscow), as well as in other regulatory legal acts(for example, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation on the powers of officials of various federal bodies executive power), in all kinds of official, job descriptions, internal regulations, regulations on employee discipline, instructions, etc. regulatory legal acts. Therefore, in each case of bringing an official to administrative responsibility, it is necessary to study one or another regulatory legal act (from among those indicated above) and make sure that the official did not fulfill his official duties;

b) with improper performance of their official duties.

Constantly;

Temporarily (for example, during a manager’s vacation);

According to special powers(they can be expressed in a power of attorney, in a special certificate, in an order, in constituent documents organizations, etc.);

b) performs the functions of a representative of the authorities. In other words, this person is endowed (in order, established by law, for example, the Law on Civil Service, the Law on the FSB, the Law on the Police) administrative powers (i.e., its instructions, orders, orders, etc. are mandatory for execution by other citizens, organizations, officials) in relation to persons who are not dependent on him for work. Thus, orders of a police official given in accordance with Art. 10-12 of the Law on the Police, mandatory for all citizens and organizations;

c) performs organizational and administrative functions (including hiring, dismissal, issues binding orders for subordinates, gives instructions, manages subordinates, plans and directs their work, activities, etc.) in government agencies, organs local government, Armed Forces of the Russian Federation, other troops and military formations (for example, Railway Troops, formations of the Ministry of Emergency Situations of Russia, the Ministry of Justice of Russia);

d) also carries out (in the mentioned bodies, troops, organizations) administrative and economic functions (for example, signs bank documents, issues powers of attorney, organizes the use of budget funds, disposes of property in the prescribed manner);

3) the Note also equates to the mentioned officials those who committed an administrative offense in connection with the performance of organizational, administrative and administrative functions in organizations; those. from "classic" officials this group persons are distinguished by the fact that they never perform the functions of a representative of government; In this regard, cases of creation, for example, under state bodies, local governments, of all kinds of commercial and semi-commercial organizations that supposedly carry out purely technical work(on preparation of documents, analysis of submitted documents, their execution, registration, etc.), but actually carry out (on on a paid basis) functions inherent only to state bodies, local governments and other government representatives (for example, carry out state registration of rights, issue a certificate of state registration legal entity, formalize foreign passports), namely:

a) heads of organizations (regardless of their form of ownership);

b) employees of organizations. In this case, we are talking about those of them that perform administrative, economic or organizational and administrative functions:

Constantly, due to its official position(For example, Chief Accountant organizations, commercial director of JSC, first deputy general director state unitary enterprise). In practice, the question arises: are the heads of the board of directors of a joint stock company, the supervisory board of an LLC and other similar bodies among such employees? legal entities? Yes, if they have an employment (but not civil) relationship with a legal entity, and also actually (although this is not reflected in the constituent documents) perform the functions mentioned above;

Note. In this Code, an official should be understood as a person who permanently, temporarily or in accordance with special powers exercises the functions of a representative of government, that is, vested in the manner prescribed by law with administrative powers in relation to persons who are not officially dependent on him, as well as a person performing organizational and administrative or administrative and economic functions in government bodies, government bodies off-budget funds Russian Federation, local government bodies, state and municipal organizations, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation. Managers and other employees of other organizations, arbitration managers, as well as those who have committed administrative offenses provided for in Articles 13.25, 14.24, 14.25, 14.55, 14.56, Part 3 of Articles 14.57, 14.61, who have committed administrative offenses in connection with the performance of organizational and administrative or administrative and economic functions. 14.63, 14.64, 15.17 - 15.22, 15.23.1, 15.24.1, 15.25, 15.26.1, 15.26.2, 15.29 - 15.31, 15.37, 15.38, part 9 of article 19.5, 9.7.12 of this Code, members of boards of directors (supervisory councils), collegial executive bodies (boards, directorates), counting commissions, audit commissions (auditors), liquidation commissions of legal entities and heads of organizations exercising the powers of sole executive bodies of other organizations, individuals who are founders (participants) of legal entities, heads of organizations , exercising the powers of the sole executive bodies of organizations that are founders of legal entities, bear administrative responsibility as officials. Persons performing the functions of a member of the commission for the procurement of goods, works, services to ensure government and municipal needs, contract managers, employee contract service who have committed administrative offenses provided for by - 7.32, 7.32.5, parts 7, 7.1 of Article 19.5, Article 19.7.2 of this Code, bear administrative responsibility as officials. Persons performing functions of organizing and implementing procurement in accordance with the legislation of the Russian Federation in the field of procurement of goods, works, services certain types legal entities, including members of the procurement commission, who have committed administrative offenses provided for in Article 7.32.3, Part 7.2 of Article 19.5, Article 19.7.2-1 of this Code, bear administrative liability as officials. Persons performing the functions of a member of the licensing commission and who have committed an administrative offense provided for in Article 19.6.2 of this Code bear administrative responsibility as officials. Persons carrying out entrepreneurial activities without forming a legal entity who have committed administrative offenses bear administrative liability as officials, unless otherwise established by this Code. Persons performing the functions of organizing and conducting mandatory tenders in accordance with the legislation of the Russian Federation, including members of the competition commission, auction commission, who have committed administrative offenses provided for in Article 7.32.4 of this Code, bear administrative responsibility as officials. Persons carrying out activities in the field of fire risk assessment (audit fire safety), who have committed administrative violations provided for in Part 9 of Article 20.4 of this Code, bear administrative liability as officials. Individuals carrying out activities in the field of examination in the field of procurement of goods, works, services to meet state and municipal needs, who have committed an administrative offense provided for in Article 7.32.6 of this Code, bear administrative responsibility as officials.

In this publication you will learn what types of liability for violation of labor protection requirements exist for workers and persons responsible for labor protection at the enterprise. This article provides links to legislative acts on the basis of which this or that liability arises.

The head of any organization, regardless of its form of ownership, must ensure the safety of any work. In turn, employees are obliged to comply with labor protection requirements.

Responsibility for violation of labor protection requirements is prescribed in Article 419 of the Labor Code of the Russian Federation.

Article 419 of the Labor Code of the Russian Federation states that, depending on the nature and extent of the violations, employees of the organization and other persons guilty of violating labor laws may be held liable for the following types of liability:

1. Disciplinary responsibility.
2. Financial responsibility.
3. Civil liability.
4. Administrative responsibility.
5. Criminal liability for violation of labor protection requirements.

Let us consider in more detail all types of liability for violation of labor protection requirements.

1. Disciplinary liability for violation of labor protection legislation

Disciplinary liability for violation of labor protection requirements is type of liability that occurs for violation of labor discipline in the field of labor protection and industrial safety. Disciplinary liability for violation of labor protection rules is the most common type of violation.

Employees of the organization, as well as persons responsible for compliance with labor protection requirements, may be subject to disciplinary liability.

What is the employee’s responsibility for violating labor protection requirements?

Employees are subject to disciplinary liability for violating labor safety rules in the following cases:

— employee liability for violation of internal rules and regulations on labor protection;
— violation of labor protection instructions for safe work;
- avoidance medical examination;
- refusal to go to work time special training in labor protection.

Depending on the severity of the fault, the employer has the right:

— make a remark to the employee;
- reprimand the employee;
- severely reprimand the employee;
- dismiss the employee.

″ Can an employer fire an employee for violating labor safety requirements?

The employer may terminate employment contract with the employee for:

1. Repeated violation of security requirements- for the first violation of labor protection requirements, the employee receives a reprimand, for the second - a reprimand, and for the third - dismissal.

2. One-time gross violation of labor protection requirements- a situation that led to an accident or accident. Or a situation that could lead to an accident or mishap.

Watch the video answering this question:

What is the employer's responsibility for violating labor protection requirements?

Occupational safety specialists and other responsible persons of the organization may be subject to disciplinary action in the following cases:

- the employee is allowed to work, but the equipment on which he is supposed to work is faulty;
— the employee is allowed to work on equipment in violation of its technological use;
- the employee is allowed to work on unprotected equipment, if such protection is provided;
- the employee was not given funds personal protection, if such protections are provided;
— the employee has not undergone special training and testing of knowledge on labor protection;
- the employee did not pass medical checkup;
- the employee was sent to work that is contraindicated for him due to health reasons;
- the employee was attracted to overtime work without his consent, as well as in cases where he cannot be involved in work beyond the norm by law.

What is the procedure for bringing to disciplinary liability for violation of labor safety rules?

The procedure for applying disciplinary sanctions is specified in Art. 193 Labor Code of the Russian Federation. Having established a disciplinary violation, the manager is obliged to demand written explanation from the offender. Failure to provide a written explanation does not exempt the perpetrator from disciplinary liability.

Disciplinary liability has a statute of limitations of 1 month. The punishment must be formalized properly, that is, a corresponding order is issued about its imposition, which the guilty person familiarizes himself with under signature within the next 3 days from the date of issue.

Disciplinary punishment is automatically lifted a year from the moment it was imposed, provided there is no new punishment (Article 194 of the Labor Code of the Russian Federation). Removal of guilt can be made earlier at the request of the employee or his boss and is formalized by order.

The employee can appeal the imposition disciplinary action in the labor dispute commission within 90 days from the date of being subject to an unreasonably imposed penalty.

2. Financial liability for violation of labor protection requirements

Financial liability for violation of security requirements is compensation by the employee for damage caused to the employer as a result of violations of labor protection requirements.

For example, to this species Workers may be held liable if they violate labor safety instructions and rules safe operation machines and equipment resulted in damage to the employer’s property.

Attract to financial liability an employee is possible if:

- the employee is an adult;
- the employer received obvious actual damage;
- the employee was inactive or showed illegal actions;
- the employee’s guilt in causing damage to the employer has been proven.

An employee who causes damage may be required to compensate material damage how in in full or partially, when a citizen is required to compensate an amount not exceeding his average monthly wages.

According to Article 247 of the Labor Code of the Russian Federation Labor Code The Russian Federation employee is obliged to compensate for material losses if his guilt is proven by the employer and such damage can be calculated. At the same time, according to Article 238 of the Labor Code of the Russian Federation, the employer’s lost profits are not taken into account.

It should be noted that, according to Article 240 of the Labor Code of the Russian Federation, the employer may completely or partially refuse to receive compensation for damage from the guilty party.

3. Civil liability for violation of labor protection legislation

Civil liability is liability of a person for violation of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and federal laws adopted in accordance with it.

This measure of responsibility may be imposed on the offender along with disciplinary, administrative and criminal liability. A characteristic feature of this liability is compensation for damage caused to the injured party.

Civil liability for violation of labor protection requirements is established in Chapter 59 of the Civil Code of the Russian Federation.

Civil liability arises for officials in the event of harm or violation of the rights of other entities. In this case, officials are obliged to compensate property or moral injury to the injured party, depending on the type of offense.

Depending on the basis for applying liability measures, there are:

— contractual liability;
- non-contractual liability.

Depending on the nature, there are:

— shared responsibility;
— joint liability;
- subsidiary liability.

Protection of violated rights is carried out by courts of general jurisdiction, arbitration and arbitration courts in a special procedural order using norms Civil Code RF.

4. Administrative liability for violation of labor protection requirements

Administrative responsibility is type of liability for violation of the Code of Administrative Offenses of the Russian Federation (CAO RF) and adopted in accordance with it regulatory documents.

Managers, officials and other responsible employees are held administratively liable for violation of labor protection legislation.

″ What should a labor protection specialist do if he is brought to administrative responsibility?

There are three options for the development of events:

1. Pay a fine if you admit that you committed a violation.

2. Pay the fine, but ask the administration of the enterprise to compensate for the fine you paid if you are sure that you were fined for violations that are not specified in your job descriptions. This practice occurs quite often.

3. Contact the head of the inspector who checked you, or go to court if you completely disagree with the violations that are being charged to you.

Watch a video on this topic:

The administrative responsibility of the employer for violation of labor protection requirements is specified in Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation “Violation of state regulatory requirements labor protection contained in federal laws and other regulatory legal acts of the Russian Federation":

- liability for violation of labor protection legislation, including the Labor Code of the Russian Federation (chapters 34-37), a fine is provided for officials, as well as for individual entrepreneurs - from 2 to 5 thousand rubles, for legal entities. persons – from 50 to 80 thousand rubles;

- for failure to conduct or incorrect conduct special assessment working conditions in the workplace, a fine is provided for persons responsible for labor protection, as well as for individual entrepreneurs - from 5 to 10 thousand rubles, for legal entities. persons – from 60 to 80 thousand rubles.

— for employee access without special training and testing of knowledge on labor protection, as well as without undergoing medical examinations, a fine is provided for officials, as well as for individual entrepreneurs - from 15 to 25 thousand rubles, for legal entities. persons – from 110 to 130 thousand rubles;

- for employee access without personal protective equipment (PPE), a fine for officials, as well as for individual entrepreneurs - from 20 to 30 thousand rubles, for legal entities. persons – from 130 to 150 thousand rubles;

— for repeated violation of the above points, a fine is provided for officials - from 30 to 40 thousand rubles, or suspension from work for a period of 1 to 3 years. For individual entrepreneurs – a fine of 30 to 40 thousand rubles, or suspension of activities for up to 3 months. For legal entities persons – a fine of 100 to 200 thousand rubles, or suspension of activities for up to 3 months.

The decision to impose penalties in the form of fines is made by inspectors or heads of authorities State supervision. Cases about administrative violations are considered by the courts and authorized bodies state power. The imposition of an administrative penalty does not relieve a person from performing his duties in the activity in which the violation was committed.

5. Criminal liability for violation of labor protection requirements

Criminal liability for violation of labor protection requirements is type of liability of officials for violation of the Criminal Code of the Russian Federation (CC RF) in terms of labor protection and industrial safety. The most severe punishment is provided for this responsibility.

Criminal liability may arise in the event of unintentional harm to a person’s health, or his death due to emergency at a specific object (collision, accident, fire, disaster).

″ In what cases can criminal charges arise?liability for violation of labor protection requirements?

Criminal liability may arise if two grounds coincide at once:

1. If the injury is fatal or the injury is classified as severe. If the injury is minor, then there will be no criminal liability for violation of labor protection requirements. investigative committee Of course, he will come to your company and ask for the relevant documents, but he will not open a criminal case.

2. If you see your name and position in the investigation report in the section “Persons who committed a violation state requirements on labor protection. Watch the video with the answer to this question (from the 1st minute of the video):

Criminal liability for violation of labor protection requirements is prescribed in Art. 143 of the Criminal Code of the Russian Federation “Violation of labor protection rules” and Art. 219 of the Criminal Code of the Russian Federation “Violation of fire safety requirements.”

Article 143 “Violation of labor protection rules” provides for liability depending on the severity of the incident:

- causing by negligence;
— death of 1 person due to negligence;
- death of 2 or more people due to negligence.

So, criminal liability occurs for failure to comply with labor protection requirements by a person who is entrusted with obligations to fulfill them, resulting in damage grievous harm health. In this case, the person may suffer one of the following types of punishment:

- a fine of up to 400 thousand rubles or in the amount of wages or other income convicted for a period of up to 18 months, or
— correctional labor for a period of up to 2 years, or
— forced labor for a period of up to 1 year, or
- imprisonment for up to 1 year, with the possibility (not necessarily) of deprivation of the right to engage in activities for up to 1 year.

If the death of 1 person occurs due to negligence, then one of the following types punishments:

- forced labor for up to 4 years, or
- imprisonment for up to 4 years, with the possibility of deprivation of the right to engage in activities for up to 3 years.

If 2 or more people die due to negligence:

- forced labor for up to 5 years, or
- imprisonment for up to 5 years, with the possibility of deprivation of the right to engage in activities for up to 3 years.

We also advise you to read Art. 219 of the Criminal Code of the Russian Federation “Violation of fire safety requirements.” This article also provides for fairly serious liability for violation of labor protection legislation.

According to the Criminal Code of the Russian Federation, an employee must know for what and on what basis he is punished. Punishment must be: objective, adequate to the offense; if possible, promptly (after 45 days after the offense, the effectiveness of the punishment becomes practically zero).

According to the current provisions of the Code of Administrative Offenses of the Russian Federation, not only ordinary citizens for certain violations, but also officials. Most often this occurs due to non-compliance with Labor legislation or regulations prescribing the rules for maintaining work books, personal cards of employees, or due to an unmotivated refusal to hire.

According to Art. 2.4 of the Code of Administrative Offenses of the Russian Federation, administrative liability for officials arises due to improper execution or even failure to perform their official duties. One way or another, the attraction procedure is directly related to Labor legislation, because Often such citizens do not comply with its norms.

What measures are most often taken in relation to this category of citizens:

Imposition of a fine;
Release from a position for a certain period of time;
Disqualification of individuals, empowered officials in budgetary or commercial organizations.

Official: definition of who he is

Many people mistakenly believe that officials can be the heads of any organization, but this is not true at all. According to the Code of Administrative Offenses of the Russian Federation, such a person should be understood as citizens holding leadership positions and vested with authority. At enterprises, they deal with administrative, economic, organizational or business issues, and also coordinate the actions of other workers if such problems are within their jurisdiction.

The Criminal Code interprets the concept of “official” somewhat differently: under it in in this case refers to citizens who lead military units or formations, as well as those holding senior positions in state or municipal organizations. For example, this includes the following employees:

heads of administrations of municipal districts and entities, their deputies;
heads of structural divisions and administration departments.

There is no clear definition of an official in the legislation, because it all depends on what responsibility the citizen is held accountable for. If he has committed a criminal offense, then how can such a person be prosecuted only by an employee of a municipal or government agency, and if the offense is interpreted by the Code of Administrative Offenses of the Russian Federation, then the list of categories of citizens falling under the corresponding concept is somewhat expanded.

Taking into account the criminal and administrative legislation officials include the following categories of workers:

Heads of municipal or state organizations;
Heads of law enforcement agencies and their divisions (Ministry of Internal Affairs, FSB, etc.);
Commanders of military units and formations;
Directors of commercial enterprises registered as legal entities (eg LLC);
Low-level employees performing organizational, administrative or business functions (for example, shop managers);
Individuals working as individual entrepreneurs.

In the latter case, administrative liability arises only when an individual is equated to a legal entity or official.

When does liability arise for officials under the law?

For this category of citizens, sanctions are provided for in almost all articles of the Code of Administrative Offenses of the Russian Federation, so you can be brought to administrative responsibility for any committed offense, within the scope of this Code. What situations occur most often:

Violation legal rights and freedoms of citizens: failure to provide voter lists, failure to comply with propaganda policies in the media before elections, refusal to provide leave to participate in referendums or elections, etc.;
Violations in the field of protection of private or municipal property: illegal seizure plots of land or forests, carrying out construction work without appropriate permits, damage or complete destruction of objects of cultural or historical value;
Violations in the field of environmental management or protection environment: ignoring environmental standards when handling industrial waste, non-compliance with the rules for the use of subsoil or the protection of water bodies;
Offenses in the area Agriculture, land reclamation or veterinary medicine: non-compliance with plant pest control rules, illegal cultivation of narcotic plants, import or export of plants during the quarantine period;
Violations in the information field and communications: illegal connection to power supply networks, unauthorized design or installation of radio-electronic devices; use, manufacture or sale of electrical items that do not comply with GOST standards and are not documented;
Administrative violations in the region entrepreneurial activity: conducting such activities without registering an individual entrepreneur or LLC, lack of necessary licenses and permits, illegal conduct gambling, sale of goods poor quality or manufactured in violation of GOST requirements;
Trafficking offenses valuable papers, insurance or finance: failure to comply with registration deadlines with the Federal Tax Service, untimely opening of taxpayer accounts, violations of accounting requirements, violation of declaration rules at work;
Violation customs rules: failure to declare cash 9if required), failure to comply with the rules of the customs control zone, illegal movement or transportation of goods across the border.

Thus, liability for officials under the Code of Administrative Offenses of the Russian Federation is provided for in several chapters at once, depending on the type of offense: Ch. 5, 7, 8, 9, 10, 13, 14, 15, 17, 19, 21. The list of administrative offenses may be supplemented legislative acts at the level of subjects, but they are all interconnected by the principle of protecting the rights, interests and freedoms of citizens and workers working in commercial or budgetary organizations.

Administrative responsibility: procedure and timing for attracting officials

The procedure for holding an official accountable begins with the drawing up of a protocol on the offense by the inspection body. At the same time, the inspector collects all the necessary evidence and testimony, then sends the protocol along with supporting documents to the Labor Safety Inspectorate, the prosecutor's office, the court, the village council, the police department or a special commission.

During the consideration of the case, the accused himself or his legal representative, but witnesses and a lawyer may be invited. After consideration of the case authorized person or the authority decides to drop charges or impose administrative sanctions.

The timing of prosecution depends on the specific situation:

If the violation has no statute of limitations or is long-term, the countdown begins from the moment it is discovered and a protocol or other document recording the offense is drawn up;
The period of application of the punishment is 2 months from the date of commission of the short-term act.

What are the features of bringing to responsibility under the Code of Administrative Offenses of the Russian Federation?

The most common measures applied to officials are fines or disqualification. Size monetary recovery depends on the severity and nature of the offense, and can vary from 5,000 to 50,000 rubles, but in some cases it exceeds the latter amount.

There are other types of punishments:

Suspension of activities for a period of up to 90 days, but by a court decision this period may be increased in individual cases;
Confiscation of items with which a person committed an administrative offense. For example, the seizure of uncertified goods or items that do not comply with requirements, or the confiscation river transport, if illegal fishing was carried out from its board.

According to the law, officials and ordinary citizens can be prosecuted only once for each offense. In some cases, it is possible to assign a more severe punishment if the same administrative offense is committed repeatedly, but for the first case the lightest sanctions are most often applied - fines.